End User License Agreement (EULA)
Lanston Type Co. License Agreement
G Single-User (P22)End User License
NOTICE: THIS IS A BINDING CONTRACT AND ALL TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT. YOU, THE LICENSEE AGREE WITH ALL THE TERMS, CONDITIONS AND RESTRICTIONS OF THIS AGREEMENT.
Lanston Font Software includes borders, ornaments, rules, initials or other typographical elements and all related materials or any parts thereof. For the purposes of this agreement the Lanston Type Co. Ltd. may be referred to as either the Lanston Type Co. Ltd. or simply as "Lanston". The purchaser is the "End User Licensee", or "Licensee", or "You".
The Lanston Type Co. Ltd. reserves all rights to intellectual property contained within. Rights written, common law rights, unwritten and the possible evolution of future rights yet to be invented and/or rights for uses in yet to be invented technologies are all reserved by the Lanston Type Co. Ltd. and/or Gerald Giampa or their assignees. Upon purchase Lanston Type Co. Ltd. grants you (The Licensee) a non-exclusive license to use the font software within the terms, conditions and restrictions of this agreement.
End User License Terms
1) You may install the font(s) on up to five (5) CPU's. If it is your intention to use the font(s) on a network you can install and use the font(s) on a single file server for use on a single local area network, either for: (a) Permanent installation onto a hard disk or other storage device of up to five (5) CPU's; OR (b) Use of the font(s) over a local area network is permitted provided the font(s) are not used on more than five (5) CPU's.
2) The licensee is permitted to make backup copies of the font(s), provided the backup copies are not installed or used on any computer.
3) The licensee is permitted to take a copy of the font(s) used in a particular file to a commercial printer, publisher or service bureau, if the commercial printer, publisher or service bureau have purchased a license to use that particular font(s)software. (READ EXEMPTION (4)) Securely Embedded Fonts
4) Lanston fonts may be encapsulated within a document and shipped freely to other users as long as the "font security is enabled and embedded in the document". If there is a font subsets function in the application that function must be used for added protection. (READ EXEMPTION (a)) (a) EXEMPTION: If Lanston Fonts are to be embedded within "internal documents" on a licensed site permission is granted to "allow modification to those documents" as long as it falls within the limits of the license granted for the "number of computers". (b) EXTENDED EXEMPTIONS can be obtained if given permission from Lanston Type Co. Ltd. Terms For Extension To A Web Site License
5) In exchange for this extension of the font license Lanston Type Co. Ltd. must be mentioned by notice in the Web Site as the owner of the copyright and the trademark. Lanston Font(s) may be used on a Web Site with the following conditions and that all other conditions still apply. (a) The Web site must make mention that Lanston Type Co. Ltd. is the owner of the copyright and the trademark. The Lanston Type Co. Ltd. font(s) are to be named by their correct trademark name so as not to be confused with others in use. (b) Lanston Fonts used on a Web Site are still subject to the terms of this agreement. (c) The nature of the Web is harder to police than other uses. For that reason Lanston permits using its fonts on Web Sites as long as they are used in a graphic such as GIF or JPEG files. This use is limited to subsets such as seen in headlines or for e. g. logos but "not to be used with more than a 30% character set showing of the font(s)". Distribution of Lanston font software in graphics must name Lanston Type Co. Ltd. as the owner of the copyright of the Lanston font software used to create the graphic in the Web Site. Lanston Fonts including those in non-font formats must not be used for distribution of graphics such as "Clip Art, e.g. ornaments or initials". Such use would require additional licensing arrangements and possibly a royalty agreement. AND /OR (d) Lanston font(s) are permitted to be used on the Web but must be securely embedded and protected by "quality font security protection software for the Web". At the time of writing we are aware of two web font software protection programs, Bitstream® and Microsoft® and we have been told that Netscape® offers similar software solutions. From earlier reviews we are led to believe that Bitstream®'s "WebFont Maker®" offers the best protection. We are able to provide that software to the customer. We require that the Web Site administrator, designer or whomever is responsible for their use send to Lanston the Web Site address so Lanston may review font security from time to time. Improper Hosting of Font Software on Servers
6) It is illegal to improperly host Lanston font software on Servers including Web Servers. Proper security measures are required. It is illegal for employees to download Lanston font software onto their own home or portable computers without following the license contract. It is illegal to download personal Lanston font software onto institutional or commercial computer systems without following the license contract. Improper Hosting of Font Software Web Servers
7) It is illegal to improperly host Lanston font software on Web Servers. The licensee must embed the font, "FONT SUBSETS ONLY WHENEVER POSSIBLE" securely and as "READ ONLY" documents unless a special license is issued by Lanston. Custom Font Conversion
8) Custom conversion of the Lanston font software to other formats is permitted but still subject to the end user license agreement and therefore must comply with the license and the permitted number of computers. For example if Lanston font(s) are converted from Macintosh to be installed on PC's then the total computer installations must not exceed the agreement. Custom converted Lanston font software is permitted for business or personal use but is not permitted to be distributed or transferred for any purpose other than the balance of this agreement. The converted font(s) will not entitle the user to claim any form of ownership to the Lanston font(s) software or copyright, trademarks or any ancillary rights. All rights are retained by the Lanston Type Co. Ltd. or its assignees.
9) We are prepared to accept that a business user may have Lanston font(s) installed on his or her office computer and also installed on a portable computer and/or home computer. This is permitted as long as Lanston font software is not used simultaneously on all computers. Other Licensing Arrangements Available Other Licensing programs are available for corporate, educational, government and volume purchases. Custom licenses can be tailor designed for projects. For information contact your supplier or write to Lanston Type Co. Ltd. Valuable Intellectual Property
10) The Software is owned by Lanston and its suppliers, and their code, copyrights, trademarks are valuable trade secrets of Lanston and its suppliers. The Software is protected by United States Copyright Law and International Treaty provisions. Copying the software or documentation is prohibited and in breach of this agreement, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except for font software converted to other formats as permitted in the "Use of the Software" section, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks must be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. Transfer
11) You are not permitted to lend, rent, lease, time-share or sublicense Lanston font(s) software. To sell your license and/or transfer your font(s) software you must follow the procedure. (SEE (12)) .
12) You may transfer all your rights to use Lanston font(s)software to another person or legal entity. However this agreement must also be transferred and will apply to the new licensee(s), Lanston font(s) software, backup copies, updates, prior versions and all copies of font software converted into other formats, including all documentation to such person or legal entity. You must not retain any copies, including copies stored on a computer for this transfer to be legal. Limited Warranty
13) This warranty does not apply to font software converted into other formats. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within a thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Lanston's option, the replacement of the Software or the refund of the license fee you paid for the Software. LANSTON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR LANSTON'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, LANSTON AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. Disclaimer and Limitation of Liability LANSTON OR ITS SUPPLIERS WILL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A LANSTON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL LANSTON OR ITS SUPPLIERS LIABILITY EXCEED THE PURCHASE PRICE OF THE LICENSE. NO CLAIM WILL EXCEED THE WARRANTY OF THIRTY (30) DAYS FROM THE PURCHASE DATE. Government Restricted Rights
14) This licensed software product is provided with "Restricted Rights". Use, duplication or disclosure by any Government is subject to restrictions. The Software and Documentation are "Commercial Items", Governments are subject to the same commercial conditions as would any individual or corporation with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Breach of Agreement
15) If any breach of this agreement is made by the licensee the font(s) license is terminated immediately at the date of breach. Remedies by Lanston will incur from the date onward including but not limited to all actual legal and related costs. Interest will be charged on legal cost and for damages relating to the breach and will be calculated from that date at 2 per cent per month, 24% annually.
Governing Jurisdiction of Law and General Provisions
THIS AGREEMENT will be governed by the laws of British Columbia, Canada unless another jurisdiction is chosen by the Lanston Type Co. Ltd. This Contractual License Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. IF ANY PART OF THIS AGREEMENT is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This license is automatically terminated upon failure by you "The Licensee" to comply with the term of this agreement. IT IS AGREED AND UNDERSTOOD: this Agreement may only be modified in writing signed by an authorized officer of the Lanston Type Co. Ltd. LANSTON TYPE CO. LTD. Copyright © 2001 Lanston Type Co. Ltd. All rights reserved. Lanston ® is a trademark of the Lanston Type Co. Ltd., Giampa is a trademark of Gerald Giampa, Macintosh® is a trademark of Apple Computer, Windows® and Microsoft® are trademarks of Microsoft Corporation and Bitstream® is a trademark of Bitstream Inc. Netscape® is a trademark of Netscape Communications Corporation. Lanston Type Co. Ltd. #6 Egan Street Queens County Province of Prince Edward Island the Dominion of Canada